Kerala High Court
Ajeesh V A vs State Of Kerala on 25 October, 2024
Author: K.Babu
Bench: K. Babu
OP(Crl.)No.750 of 2024
1
2024:KER:79665
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
OP(CRL.) NO. 750 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 22.05.2024 IN CRA
NO.111 OF 2024 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
PETITIONER/PETITIONER/APPELLANT:
AJEESH V A
AGED 40 YEARS
S/O. ABDUL GAFOOR VALIYAVEETTIL HOUSE,
THAIKKATTUKARA P O , ALUVA ERNAKULAM., PIN - 683106
BY ADVS.
FATHIMA V.A.
A.C.ARFANA
RESPONDENTS/RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 FATHIMA P E
AGED 47 YEARS
W/O. LATE SAIDU MUHAMMED, KARIKKAPARAMBU VEETTIL,
KUTHIYATHODE PARAYAKKAD P.O CHERTHALA,ALAPPUZHA.,
PIN - 68854
OTHER PRESENT:
SRI.G SUDHEER,PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.)No.750 of 2024
2
2024:KER:79665
K.BABU.,J
---------------------
OP(Crl.)No.750 of 2024
---------------------------
Dated this the 25th day of October, 2024
JUDGMENT
The prayers in this Original Petition (Criminal) filed
under Article 227 of the Constitution of India are as follows:
"1. Allow this petition and quash the order in Criminal M.P.
No.1984/2024 in Crl. Appeal No.111/2024 of the Additional
District and Sessions Court- Alappuzha which directed the
petitioner to deposit 30,000/- Rupees or else irreparable
injuries and hardship may cause to the petitioner.
2. To pass such other orders as this Honourable Court may
think deem fit and proper. "
2. The petitioner is the accused in S.T.No.1/2023 on the
file of Judicial First Class Magistrate Court-III, Cherthala. He is
alleged to have committed offence punishable under Section 138 of
the Negotiable Instruments Act.
3. The learned Magistrate convicted the petitioner under
Section 138 of the NI Act and sentenced him to pay fine of
Rs.5,00,000/- (Rupees Five Lakhs only).
4. The petitioner challenged the judgment of conviction
and sentence by filing Crl.Appeal No.111/2024 before the Sessions
Court, Alappuzha. Along with the appeal, the petitioner filed an
application seeking suspension of sentence. The learned
2024:KER:79665
Sessions Judge suspended the sentence on condition that the
petitioner shall deposit Rs.30,000/- before the Trial Court on or
before 22.06.2024.
5. The order directing the petitioner to deposit Rs.30,000/-
as a condition for suspension of sentence is under challenge in this
original petition.
6. I have heard the learned counsel for the petitioner.
7. On a perusal of paragraph 4 of the impugned order, it is
revealed that the learned counsel for the petitioner had submitted
that he would deposit Rs.30,000/- as a condition to suspend the
sentence. Based on that submission, the learned Sessions Judge
imposed the condition. Even otherwise, the Sessions Judge is
empowered to impose the condition as mentioned above. I find no
irregularity in the impugned order. Therefore, the order impugned
stands confirmed. However, the petitioner is granted two months'
time to deposit Rs.30,000/- as directed, before the Trial Court.
The Original Petition (Criminal) is disposed of as above.
Sd/-
K.BABU
JUDGE
bng
2024:KER:79665
APPENDIX OF OP(CRL.) 750/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER IN CRIMINAL M.P.
NO.1984/2024 IN CRL.A /111/2024 DATED
22.05.2024
EXHIBIT P2 TRUE COPY OF THE ABOVE CRL. M.P.
NO.1984/2024 IN CRL. APPEAL NO. 111/2024
